Wire taps-for Rick Collins

[Dr. JK]

Rick, thanks for the reply to my post.

I know you said that wire taps are rarely used in gear cases, but I have some concerns in terms of privacy violations and how they are handled/controlled by the police.

I have a few friends which are cops (they don't know much about gear cases) who tell me how cops will use wire taps to get information and then work bacwards for the approval of any search warrents/further wire taps, etc.

They did say that even though it is legal to posses gear, if they know I have a large qty, give for free (like presents) or sell, they will move in on the case. A large qty to them is 1000 D-bolls or10 1cc vials of Deca---as you said they don't know.

I am concerned about my charter rights of freedom, from gear or any other perspective. Here are some of my concerns/questions:

1-What if I am talking on the phone to someone who is under wire surveilance? How do I know they don't start monitoring me?

2-If someone tells the cops I have this or that in my house or in my car, would that suffice for a search warrent or wire tap surveillance?? How would I know?

3-What is needed for a wire tap to start, i.e. what kind of RPG's, what kind of approval from the JP??

If you could add some information electronically to answer these any other questions that would be great.

I just want to protect myself and my interests from any violations or improper law enforcement actions.

Thanks for your help

DR. JK

 

[Rick Collins]

To comprehensively cover U.S. electronic surveillance (you'll have to ask Manny about Canada), I'd have to write another book, bro. We'd have to discuss authorizations for wiretaps, video surveillance issues, pen registers and trap and trace devices, mobile tracking devices, thermal imaging devices, computers, etc, -- all in light of how the Patriot Act has impacted Title III. It's just not worth it, given the practical realities. The more significant electronic issues in steroid cases (up to this point, anyway) are computer (email) related, not phone related. Most geardogs aren't chatting it up on the phones. Juice dealers would be foolish to use phones that can be traced to them.

But to briefly address your privacy concerns, what they'd need to go after you in the U.S. is probable cause (the same standard that's explained in Legal Muscle). An application to intercept electronic communications must be approved by a judge based on a finding of probable cause. Check out 18 USC Sec. 2518 for the procedures. Also see 18 USC Sec. 2510 and Sec. 2511.

Perhaps the best protection against improper police eavesdropping conduct is not to talk about sensitive issues on the telephone.

 

[Citruscide]

OMG - the number of cases on this topic are emmense...

To add a bit to Rick's comments... some survaillience methods the feds woudln't need PC -- if a normal person could witness it by merely passing by -- Example, you are running a MJ lab out of your basement and have the windows open.. a regular person could walk up and look in, so can the cops... they don't need Probable cause to look at this or take pictures.

C-ditty

 

[liftshard]

Yes. If something is in plain sight, they can rely on it.

Additionally, private actors are not bound by probable cause rules. A private actor such as your estranged pissed off girlfriend could break into your house and search it, engaging in activities which would be impermissible for state actors, and any evidence netted during such behavior is admissible. If she is acting independently and not on behalf of the State, you're in trouble. Drug dealers who trust their girlfriends are foolish.

For the original question, nominally, wiretaps for non-terrorist activities are obtained on a showing of probable cause to a judge. Normal, plain sight surveillance can be done at anytime. If you are concerned about the legality of drug use, I would not lose too much sleep over it. There are millions of people using drugs. If you are a dealer, then, obviously, your situation changes. To state the obvious, if you do not want someone potentially listening to your telephone conversations, do not talk on the telephone.

answers to:

1- You are being monitored too. You won't know.
2- in most cases, yes. You'll know when they serve you with the search warrant.
3- a showing of probable cause in the United States, for "non-terrorist" bases.